ANANDA BAZAR PATRIKA PRIVATE LIMITED Vs. THEIR EEMPLOYEES

JUDGEMENT

(1.) This appeal arises form an industrial dispute between the appellant, the Ananda Bazar Patrika (P) Ltd., and the respondents, its workmen. The appellant is a private limited company and carries on the business of printing and publishing newspapers, namely, 'Ananda Bazar Patrika' which is Bengali Daily. 'Desh' which is a Bengali Weekly, and 'Hindustan Standard' which is an English daily newspaper. Mr. Pulakesh De Sarkar was appointed by the management of the appellant as journalist in March, 1940, and has been working with the appellant since then until he was discharged from service by the appellant on May 15, 1958. The union of the appellant's employees took up this discharge and raised an industrial dispute about it. It was urged by the Union that the discharge of Mr. Sarkar's services was illegal and that he was entitled to reinstatement and/or compensation. This dispute was referred by the Government of West Bengal for adjudication to the second Labour Court on September 25, 1958. By its award pronounced on December 8, 1959, the Labour Court has directed the appellant to reinstate Mr. Sarkar and pay him his emoluments for the period of his forced unemployment. It appears that on January 27, 1959, the appellant had paid some moneys to Mr. Sarkar, and so, the award directs that in paying emoluments to Mr. Sarkar under the provisions of the award, adjustments should be made in respect of the amounts already paid by the appellant to him. It is against this award that the appellant has come to this Court by special leave.

(2.) The facts leading to the present industrial dispute between the parties are not many and can be very briefly stated at the outset. It appears that on December 16, 1957, Mr. Shibdas Bhattacharjee who was the Chief Reporter of the Ananda Bazar Patrika, proceeded on leave. Before going leave, Mr. Bhattacharjee appointed Mr. Madhusudan Chakravarty to work as Chief Reporter temporarily during his absence. Accordingly, he wrote a letter to that effect and sent its copies to the Editor of the Ananda Bazar Patrika, to the News Editor of the said Paper to the Chief Accountant and to the Reporting Department. The letter was addressed to the Managing Director of the Ananda Bazar Patrika, and a copy of it was hung on the notice Board of the Reporting Section of the Ananda Bazar Patrika.

(3.) Mr. Sarkar who was working as one of the Reporters took exception to this arrangement and interviewed the Managing Director to request him to cancel the said arrangement. The Managing Director told him that the letter had been written by Mr. Bhatacharjee at the instance of the accounts Department, because the Accounts Department wanted that if any arrangement was made during leave vacancy, it should be evidenced by a document in order to enable the Accounts Department to deal with the acting person so far as financial transactions were concerned. Mr. Sarkar was not satisfied with the interview and so, he proceeded to write a letter to the Managing Director and hung up a copy of this letter on the notice Board. In this letter he took strong exception to the arrangement made by Mr. Bhattacharjee and expressed his indignation against the letter which Mr. Bhattacharjee had written to evidence the said arrangement. "I find no reason", said Mr. Sarkar, in that letter, "to honour that spurious letter and so, I would be standing on my own right and merit, decide my assignments myself and act accordingly till the Chief Reporter resumes his office". This letter was written on December 20, 1957. Copy of this letter was sent by Mr. Sarkar to the Editor, to the News Editors and to the Reporting Department.